Irshad Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15360 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -MAHILA P.S. District- SIWAN ====================================================== Irshad Ali S/o Abdul Hamid .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rafat Parveen D/o Md. Alamgir .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 406, 379 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the impugned order itself reflects that the complainant refused to get the issue reconciled and in pursuance to the same Rs.1500/- per month as maintenance to the complainant was directed by the court below. The petitioner undertakes to pay the maintenance amount regularly.

Patna High Court Cr.Misc. No.15360 of 2015 (2) dt.15-04-2015 2/2 Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan in connection with Mahila P.S. Case No.83 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on verification of the fact that up to date maintenance amount is paid by the petitioner.

Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Ashwini/- U T